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Bombay High CourtIA/3404/2021disposed off

Leena Mahesh Motewar v. The State Of Maharashtra

2023-11-08Hon'Ble Shri Justice G. A. Sanap3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3404 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 249 OF 2017 Leena Mahesh Motewar ... Applicant V/s.

State of Maharashtra ... Respondent ..........

Mr. Yash Bidkar i/b. Actus Lit Partners, Advocate for Applicant. Ms. Pallavi N. Dabholkar, APP for Respondent-State. ..........

CORAM : G. A. SANAP, J.

DATE : 8th NOVEMBER, 2023 P. C:- 1.

Heard.

2.

This is an application for modification of condition imposed vide order dated 23.06.2021.

3.

The applicant was granted bail vide order dated 19.06.2018 and as per condition No.6(iv) of this order, the applicant/accused was directed to mark her presence before the Economic Offence Wing every fortnight i.e. alternate Mondays. This condition was S.S.Kilaje page 1 of 3

modified vide order dated 05.06.2020 and as per this modified condition, applicant was directed to mark her presence before EOW on every first Monday of every month.

4.

Learned Advocate for Applicant submitted that the husband of the applicant who is also co-accused in this case has been granted bail vide order dated 23.06.2021. It is pointed out that in the case of the husband, he was directed to attend the concerned police station as and when called and shall co-operate with the investigation. Learned Advocate submits that investigation in this crime is almost over. It is submitted that attendance of the applicant in the office of EOW may not be necessary. Learned Advocate submits that, therefore, the condition is required to be modified / relaxed and applicant may be directed to attend the office of EOW or Investigating Authority as and when called by the Investigating agency.

5.

In the facts and circumstances and particularly the fact that the investigation is on the verge of the completion and in the similar situation the condition imposed in the case of the husband of the applicant is slightly moderate, it would be just and proper to modify the condition. Accordingly, application is allowed. S.S.Kilaje page 2 of 3

6.

The condition earlier imposed is modified. Applicant/accused shall attend the office of EOW, Mumbai or the Investigating Agency as and when called and shall co-operate with the investigation. 7.

In view of the above, Interim Application is disposed of. by SONALI SATISH KILAJE Date:

2023.11.10 18:32:37 +0530 SONALI SATISH KILAJE (G. A. SANAP, J.) S.S.Kilaje page 3 of 3